Mental Health Flashcards
Outline section 41 DAO calls for police assistance
Constable may enter and detain for six hours for medical exam, or take and detain for six hours for exam, or take and detain for assessment exam or review or treatment. Must obtain warrant if practicable.
What are the powers under section 109 for a person found wandering in any public place giving a belief they may be mentally disordered?
Take that person to a police station hospital surgery or other appropriate place and arrange for a doctor to examine the person. If the doctor believes the person may be disordered police may detain or take the person for examination for up to 6 hours.
What are the powers of police under section 110c when urgent assistance is required?
Enter the premises and, at the request of the doctor, detain or take and detain the person for six hours or the time it takes for a medical exam, administer a sedative drug, or conduct an assessment examination. Reasonable force is allowed but must be reported to the director of area mental health services.
What is the definition of a mental disorder?
An abnormal state of mind continuous or intermittent, characterised by delusions or disorders of mood or perception or volition or cognition, that pose a serious danger to the health or safety of that person or others, or seriously diminishes their capacity to take care of themselves
Outline section 122B use of force
Police may use such force as is reasonably necessary in the circumstances, the circumstances must be recorded and given to the director of area mental health services as soon as practicable
Outline the procedures for assisting DAOs
Check the credentials of the DAIO, check the certificate for treatment, use force only if there is an emergency, do not use force unless a health professional has issued a notice and explained it to the patient, use force only if given clear instructions to do so and the patient is likely to suffer or cause harm, report to the director of area mental health services
Explain indemnity against civil claims, transport to a police station, application of the bill of rights, and if the DAO is not present
Do not use force and list the district has a general indemnity against civil claims for damage or the DAO has accepted responsibility for damage, use a police station only as a last resort, give the bill of rights, if the DAO is not present do not take further action unless authorised by another statute
Explain dealing with a mentally disordered person on private property
Police have no power to enter or detained and less asked by a DAO or doctor. Use TENR and consider alternative resolutions. Police have an implied license to enter property and if requested by a lawful occupier. use search and surveillance act if the person has committed an offence and you believe they will leave or destroy conceal alter or damage evidence.
